'She would have to testify': Expert explains Melania's potential path to hush money trial
As speculation swirls over whether Melania Trump will be called to testify in her husband's criminal hush money case, legal experts are saying it could happen.
Former President Donald Trump has been charged with 34 counts of falsifying business records to cover hush money New York City prosecutors contend he paid to adult film star Stormy Daniels over an alleged sexual encounter he denies.
Among the names on a lost of possible witnesses in the trial read by Judge Juan Merchan are three of Trump's adult children, Donald Jr., Ivanka and Eric, and his wife.
Speaking to Newsweek, former federal prosecutor Neama Rahmani said that if Melania is subpoenaed, "she would have to testify unless she can assert some sort of privilege."
Rahmani said the privilege in question would be "spousal privilege," which "protects the confidential communications between spouses during the course of the marriage."
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But according to former federal prosecutor and elected state attorney Michael McAuliffe, the likelihood of Melania taking the stand is "extremely low to non-existent.
"In fact, she's the putative victim in the illicit sex part of the story," he said.
The case centers around an alleged $130,000 hush money payment that Trump's then-lawyer Michael Cohen paid Daniels ahead of the 2016 presidential election.
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McAuliffe cautioned Manhattan District Attorney Alvin Bragg from hauling Melania into court, arguing the case already appears too sordid.
"Any government attempt to force her to be present as a potential witness would just feed Trump's preferred narrative that the case is about airing salacious rumors instead of holding Trump accountable for crimes," McAuliffe said.
This is one of four criminal cases Trump faces. He has pleaded not guilty in each.